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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="Matt Thomason" data-source="post: 8883477" data-attributes="member: 6777331"><p>I absolutely agree this is the biggest problem - the <em>actual</em> legal position is purely academic if nobody can actually afford to fight it in court. I'd imagine a class action suit by a large number of 3PPs <em>might</em> work, possibly backed by crowdfunding, but I don't know how likely that would be.</p><p></p><p>That said, we still don't know WotC's real intent here. As others have mentioned, this may simply be a communications error in that they intend <em>only</em> users of the OGL 1.1 to have their 1.0 rights revoked by it (which would fit with the majority of legal interpretations over what they can and cannot do) , and that everything else is speculation by people running scared. Although I can't blame anyone for running scared, seeing as many of us have our very livelihoods at stake over this.</p><p></p><p>The real question is still what do they <em>intend</em>, which we can't answer until they make an official statement. I would <em>assume</em> simply by prior actions (the GSL) and that they didn't revoke 1.0 on the multiple occasions that it would have made sense to do so, that it's just that by accepting the 1.1 OGL you agree to waive your 1.0 rights, and that they don't actually have any intention of suing people into oblivion to stop them using 1.0. </p><p></p><p>I would also think it best that anyone with OGL ties makes plans for me being wrong on this <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f609.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=";)" title="Wink ;)" data-smilie="2"data-shortname=";)" /></p></blockquote><p></p>
[QUOTE="Matt Thomason, post: 8883477, member: 6777331"] I absolutely agree this is the biggest problem - the [I]actual[/I] legal position is purely academic if nobody can actually afford to fight it in court. I'd imagine a class action suit by a large number of 3PPs [I]might[/I] work, possibly backed by crowdfunding, but I don't know how likely that would be. That said, we still don't know WotC's real intent here. As others have mentioned, this may simply be a communications error in that they intend [I]only[/I] users of the OGL 1.1 to have their 1.0 rights revoked by it (which would fit with the majority of legal interpretations over what they can and cannot do) , and that everything else is speculation by people running scared. Although I can't blame anyone for running scared, seeing as many of us have our very livelihoods at stake over this. The real question is still what do they [I]intend[/I], which we can't answer until they make an official statement. I would [I]assume[/I] simply by prior actions (the GSL) and that they didn't revoke 1.0 on the multiple occasions that it would have made sense to do so, that it's just that by accepting the 1.1 OGL you agree to waive your 1.0 rights, and that they don't actually have any intention of suing people into oblivion to stop them using 1.0. I would also think it best that anyone with OGL ties makes plans for me being wrong on this ;) [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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